Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Proposed Rules 309 

DEPARTMENT OF THE INTERIOR 

Bureau of Safety and Environmental 

Enforcement 

30 CFR Part 285 

Bureau of Ocean Energy Management 

30 CFR Part 585 

[Docket No. BSEE–2023–0015 EEEE500000 

245E1700D2 ET1SF0000.EAQ000] 

RIN 1010–AE04 

Renewable Energy Modernization 

Rule; Correction 

AGENCY: Bureau of Ocean Energy 

Management (BOEM) and Bureau of 

Safety and Environmental Enforcement 

(BSEE), Interior. 

ACTION: Proposed rule; correction. 

SUMMARY: The Department of the 

Interior (DOI) is publishing this 

correction to certain collections of 

information described in the preamble 

of the proposed rule titled ‘‘Renewable 

Energy Modernization Rule’’ (Proposed 

Rule) for public notice and comment. 

BSEE, in coordination with BOEM, is 

correcting and soliciting comments 

related to the preamble discussion of 

certain information collection burdens 

that subsequently transferred to BSEE 

under the rule titled ‘‘Reorganization of 

Title 30-Renewable Energy and 

Alternate Uses of Existing Facilities on 

the Outer Continental Shelf’’ 

(Reorganization Rule). 

DATES: BSEE must receive your 

comments on or before March 4, 2024. 

ADDRESSES: You may submit comments 

on the proposed amendments to the 

collections of information by any of the 

following methods. Please use the 

Regulation Identifier Number (RIN) RIN 

1010–AE04 as an identifier in your 

message: 

• Electronically go to https://

www.regulations.gov. In the search box, 

enter BSEE–2023–0015 then click 

search. Follow the instructions to 

submit public comments and view all 

related materials. We will post all 

comments. 

• Email kye.mason@bsee.gov, fax 

(703) 787–1546, or mail or hand-carry 

comments to the Department of the 

Interior; Bureau of Safety and 

Environmental Enforcement; 

Regulations and Standards Branch; 

ATTN: Nikki Mason; 45600 Woodland 

Road, Sterling, VA 20166. Please 

reference OMB Control Number 1014– 

0034 in the subject line of your 

comments. 

FOR FURTHER INFORMATION CONTACT: 

Nikki Mason by email at kye.mason@

bsee.gov or by telephone at (703) 787– 

1607. Individuals in the United States 

who are deaf, deafblind, hard of hearing, 

or have a speech disability may dial 711 

(TTY, TDD, or TeleBraille) to access 

telecommunications relay services. 

Individuals outside the United States 

should use the relay services offered 

within their country to make 

international calls to the point-ofcontact in the United States. You may 

also view the information collection 

request (ICR) at http://www.reginfo.gov/ 

public/do/PRAMain. 

SUPPLEMENTARY INFORMATION: In 

accordance with the Paperwork 

Reduction Act of 1995 (PRA) and 5 CFR 

1320.8(d)(1), all information collections 

require approval under the PRA. 

This correction pertains to the 

Proposed Rule, which published in the 

Federal Register on January 30, 2023 

(88 FR 5968). Subsequently, DOI 

published the Reorganization Rule in 

the Federal Register on January 31, 

2023 (88 FR 6376). The Reorganization 

Rule relocated or reproduced certain 

regulatory provisions addressed in the 

Proposed Rule under 30 CFR part 585 to 

the newly created 30 CFR part 285. The 

Office of Management and Budget 

(OMB) has assigned OMB Control 

Number 1014–0034 to the collections of 

information under 30 CFR part 285. 

The DOI is correcting the proposed 

rule preamble discussion in section 

VII.A.2, ‘‘Paperwork Reduction Act of 

1995,’’ by adding the relevant BSEE 

burden hours covered under 30 CFR 285 

Subpart H. The proposed burden 

information for 30 CFR 285 Subpart H 

reflects the reallocation of the relevant 

information collection burdens from 

part 585 to part 285, now under BSEE’s 

administration. Accordingly, DOI is 

publishing these corrections to allow for 

public comment on the amended 

collections of information only. 

Correction 

In FR Doc No. 2023–00668, appearing 

on page 5968, in the Federal Register of 

January 30, 2023, make the following 

correction: 

1. Add the following information to 

the end of the preamble section VII.A.2 

‘‘Paperwork Reduction Act of 1995’’: 

The following Proposed Rule 

information collections found in 30 CFR 

part 585, subpart I, ‘‘Environmental and 

Safety Management, Inspections, and 

Facility Assessments for Activities 

Conducted Under SAPs, COPs, and 

GAPs,’’ are now administered by BSEE 

under 30 CFR part 285, subpart H. 

These information collections are 

included in OMB Control Number 

1014–0034. 

Section(s) in 30 CFR part 285 Reporting and recordkeeping requirement Burden changes and/or additions 

Subpart H—Environmental and Safety Management, Inspections, and Facility Assessments for Activities Conducted Under SAPs, 

COPs, and GAPs 

285.810; 285.614(b); 285.632(b); 285.651 

(See Note 1 below) ....................................

Use a Safety Management System for all activities conducted pursuant to a lease and make available to 

BSEE upon request. Submit safety management system description with a COP, or with a SAP or GAP, if 

facilities being installed are deemed by BOEM to be 

complex or significant.

35 hours × 2 submissions = 70 annual 

burden hours. 60 hours attributable to 

285.810. 

285.812(b)(1) Form BSEE–0187 

(See note 2 below) .....................................

Submit safety and environmental performance data 

(Form BSEE–0187, Performance Measures Data— 

Renewable Energy).

82 hours × 10 submissions = 820 annual 

burden hours. 

285.812(b)(2) 

(See note 3 below) .....................................

Provide report summary on SMS audit, corrective actions, and changes to SMS every 3 years.5 hours × 1 report = 5 annual burden 

hours. 

285.830(d) 

(See note 4 below) .....................................

Report oil spills as required by BSEE 30 CFR 250.187 Burden covered under BSEE 1014–0007. 

(¥2 annual burden hours and ¥1 report). 

Total would add to 1014–0034 BSEE inventory: 883 burden hours. 


ddrumheller on DSK120RN23PROD with PROPOSALS1
310 Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Proposed Rules 

Note 1: Proposed § 285.810 would 

clarify that BSEE requires lessees to 

submit a safety management system 

(SMS) before conducting any activities 

under a lease, including meteorological 

buoy placement and site assessment 

work. This would clarify that BSEE 

requires a structured approach to safe 

operations during the conduct of any 

activity under a lease, through an SMS, 

whether or not covered by a formal 

plan. BSEE proposes to add 60 annual 

burden hours to § 285.810. The 

remaining 10 burden hours associated 

with the proposed revisions would 

remain under the BOEM information 

collection number identified in the 

Proposed Rule. 

Note 2: Proposed § 285.812(b)(1) 

would add new reporting requirements: 

it would require an annual summary of 

safety performance data covering the 

previous calendar year during which 

site assessment, construction, 

operations, or decommissioning 

activities occurred by submitting Form 

BSEE–0187, Performance Measures 

Data—Renewable Energy. This form 

would include company identification 

and number of injuries, illnesses, and 

hours worked by company employees 

and contractors. This information would 

be used to develop incident rates that 

would help assess workplace safety and 

environmental compliance across the 

OCS renewable energy industry. BSEE 

proposes to add 820 annual burden 

hours to § 285.812(b)(1). 

Note 3: Proposed § 285.812(b)(2) 

would require a summary of the most 

recent SMS audit, corrective actions 

implemented or pending because of that 

audit, and an updated SMS description 

highlighting changes made since the last 

report. This report would be due every 

3 years or upon BSEE’s request. BSEE 

proposes to add 5 annual burden hours 

to § 285.812(b)(2). 

Note 4: For § 285.830(d), BSEE is 

proposing to subtract 2 burden hours 

because the burdens for reporting oil 

spills falls under OMB Control Number 

1014–0007. 

Abstract: BSEE will use the collected 

information to oversee facility design, 

fabrication, installation, and safety 

management systems; ensure the safety 

of operations through inspection 

programs and incident reporting and 

investigations; enforce compliance with 

all applicable safety, environmental, 

and other laws and regulations through 

enforcement actions (such as 

noncompliance notices, cessation 

orders, and certain lease suspensions); 

and oversee decommissioning activities. 

Title of Collection: 30 CFR part 285, 

‘‘Renewable Energy and Alternate Uses 

of Existing Facilities on the Outer 

Continental Shelf.’’ 

OMB Control Number: 1014–0034. 

Form Number: Forms BSEE–1835 

Notice(s) of Noncompliance (NONCs) 

and BSEE–0187 Performance Measures 

Data—Renewable Energy. 

Type of Review: Revision of a 

currently approved collection. 

Respondents/Affected Public: Primary 

respondents comprise companies that 

submit unsolicited proposals or 

responses to Federal Register notices or 

are lessees, designated operators, and 

right-of-way or right-of-use and 

easement grant holders. Other potential 

respondents are companies or State and 

local governments that submit 

information or comments relative to 

alternative energy-related uses of the 

OCS; certified verification agents; and 

surety or third-party guarantors. 

Total Estimated Number of Annual 

Respondents: Currently there are 

approximately 47 lessees holding leases 

for OCS wind energy development. Not 

all the potential respondents will 

submit information in any given year, 

and some may submit multiple times. 

Total Estimated Number of Annual 

Responses: 10. 

Estimated Completion Time per 

Response: Varies from 30 minutes to 

6,000 hours, depending on activity. 

Total Estimated Number of Annual 

Burden Hours: 883. 

Respondent’s Obligation: Responses 

are mandatory and are required to 

obtain or retain a benefit. 

Frequency of Collection: Generally, 

submissions are on occasion or annual. 

Total Estimated Annual Nonhour 

Burden Cost: N/A. 

If the proposed requirements become 

effective and OMB approves the 

information collection request, BSEE 

would revise the existing OMB Control 

Number 1014–0034 for the affected 

subpart discussed above and would 

adjust the annual burden hours 

accordingly. The information 

collections related to 30 CFR part 285 

do not include questions of a sensitive 

nature. BSEE will continue to protect 

proprietary information in keeping with 

its legal obligations and DOI’s 

implementing regulations, which 

address disclosure of information to the 

public. 

In addition, the PRA requires agencies 

to estimate the total annual reporting 

and recordkeeping non-hour cost 

burden resulting from the collection of 

information. BSEE solicits your 

comments regarding non-hour cost 

burdens arising from this amendment. 

For reporting and recordkeeping only, 

your response should split the cost 

estimate into two components: (1) total 

capital and startup cost component, and 

(2) annual operation, maintenance, and 

disclosure cost component to provide 

the information. You should describe 

the methods you use to estimate your 

cost components, including system and 

technology acquisition, expected useful 

life of capital equipment, discount rates, 

and the period over which you incur 

costs. Generally, your estimates should 

not include equipment or services 

purchased: (1) before October 1, 1995; 

(2) to comply with requirements not 

associated with the information 

collection arising from this proposed 

rule; (3) for reasons other than to 

provide information or to keep records 

for the U.S. Government; or (4) as part 

of customary and usual business or 

private practices. 

As part of BSEE’s continuing effort to 

reduce paperwork and respondent 

burdens, BSEE invites the public and 

other Federal agencies to comment on 

any aspect of this information 

collection, including: 

(1) Is the proposed information 

collection necessary or useful for BSEE 

to properly perform its functions? 

(2) Are the estimated annual burden 

hour increases and decreases resulting 

from the proposed rule reasonable? 

(3) Is the estimated annual non-hour 

cost burden resulting from this 

information collection reasonable? 

(4) Do you have any suggestions that 

would enhance the quality, clarity, or 

usefulness of the information to be 

collected? 

(5) Is there a way to minimize the 

information collection burden on those 

who must respond, such as by using 

appropriate automated digital, 

electronic, mechanical, or other forms of 

information technology? 

Comments submitted in response to 

this amendment are a matter of public 

record. BSEE will include or summarize 

each comment to OMB for approval of 

this information collection. You should 

be aware that your entire comment— 

including your address, phone number, 

email address, or other personally 

identifiable information included in 

your comment—may be made publicly 

available at any time. BSEE will make 

available for public inspection all 

comments in their entirety (except 

proprietary information). 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless it displays a currently valid OMB 

control number. 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Proposed Rules 311 

1See 17 U.S.C. 408(c)(1). 

2 Id. 

3H.R. Rep. No. 94–1476, at 154 (1976), reprinted 

in 1976 U.S.C.C.A.N. 5659, 5770; S. Rep. No. 94– 

473, at 136 (1975). 

4Copyright registration is not a prerequisite to 

copyright protection, although registration generally 

must be made before instituting a civil infringement 

action in Federal court. See 17 U.S.C. 411(a); Fourth 

Estate Pub. Benefit Corp. v. Wall-Street.com, LLC, 

139 S. Ct. 881, 886 (2019). 

5 17 U.S.C. 408(c)(1). 

6H.R. Rep. No. 94–1476, at 154. 

7See 37 CFR 202.20(c)(2)(vii). For example, with 

regards to deposit requirements for computer 

programs, the Office has defined ‘‘identifying 

portions’’ as the first and last twenty-five pages of 

the work. 

8The proposed regulations define a ‘‘website’’ as 

a web page or set of interconnected web pages that 

are accessed using a uniform resource locator 

(‘‘URL’’) organized under a particular domain name. 

See also U.S. Copyright Office, Compendium of 

U.S. Copyright Office Practices sec. 1002.1 (3d ed. 

2021) (‘‘Compendium (Third)’’). For example, the 

Office’s website is located at copyright.gov, and the 

Library of Congress’s website is located at loc.gov. 

9Elisa Shearer, More Than Eight-In-Ten 

Americans Get News from Digital Devices, Pew 

Research Center (Jan. 12, 2021), https://

www.pewresearch.org/fact-tank/2021/01/12/morethan-eight-in-ten-americans-get-news-from-digitaldevices/. 

10MPA—The Association of Magazine Media 

Comments at 5, Submitted in Response to Nov. 9, 

2021 Notice of Inquiry, Publishers’ Protections 

Study, U.S. Copyright Office Dkt. No. 2021–5 (Jan. 

Continued 

The authority for this action is the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

Steven H. Feldgus, 

Deputy Assistant Secretary, Land and 

Minerals Management. 

[FR Doc. 2023–27019 Filed 1–2–24; 8:45 am] 

BILLING CODE 4310–VH–P 

LIBRARY OF CONGRESS 

Copyright Office 

37 CFR Parts 201 and 202 

[Docket No. 2023–8] 

Group Registration of Updates to a 

News Website 

AGENCY: U.S. Copyright Office, Library 

of Congress. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The U.S. Copyright Office is 

proposing to create a new group 

registration option for frequently 

updated news websites. The rapid pace 

at which many web-based materials are 

created and updated presents a 

challenge for copyright registrants. This 

challenge is especially pronounced for 

frequently updated news websites. This 

option will enable online news 

publishers to register a group of updates 

to a news website as a collective work 

with a deposit composed of identifying 

material representing sufficient portions 

of the works, rather than the complete 

contents of the website. The Office 

invites comment on this proposal and 

the questions below. 

DATES: Comments on the proposed rule 

must be made in writing and must be 

received by the U.S. Copyright Office no 

later than February 20, 2024. 

ADDRESSES: For reasons of government 

efficiency, the Copyright Office is using 

the regulations.gov system for the 

submission and posting of public 

comments in this proceeding. All 

comments are therefore to be submitted 

electronically through regulations.gov. 

Specific instructions for submitting 

comments are available on the 

Copyright Office website at https://

copyright.gov/rulemaking/newswebsite. 

If electronic submission of comments is 

not feasible due to lack of access to a 

computer and/or the internet, please 

contact the Office using the contact 

information below for special 

instructions. 

FOR FURTHER INFORMATION CONTACT: 

Rhea Efthimiadis, Assistant to the 

General Counsel, by email at meft@

copyright.gov or by telephone at 202– 

707–8350. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The U.S. Copyright Office (‘‘Office’’) 

is proposing to create a new group 

registration option for frequently 

updated news websites. When Congress 

enacted the Copyright Act of 1976 

(‘‘Copyright Act’’ or ‘‘Act’’), it 

authorized the Register of Copyrights 

(‘‘Register’’) to specify by regulation the 

administrative classes of works for the 

purpose of seeking registration and the 

nature of the deposit required for each 

such class.1 Congress afforded the 

Register discretion to permit registration 

of groups of related works with one 

application and one filing fee, known as 

‘‘group registration.’’ 2 As the legislative 

history explains, allowing ‘‘a number of 

related works to be registered together 

as a group represent[ed] a needed and 

important liberalization of the law.’’ 3

In providing the Register the 

discretion to provide for group 

registrations, Congress recognized that 

requiring applicants to submit separate 

applications for certain types of works 

may be so burdensome and expensive 

that authors and copyright owners may 

forgo registration altogether.4 Group 

registration options must be designed, 

however, in a manner that balances 

claimants’ need for an efficient method 

to submit applications with the Office’s 

need to examine applications and 

provide an adequate public record. 

Exercising this statutory discretion, 

Registers have over the years issued 

regulations providing for group 

registrations for certain categories of 

works and establishing eligibility 

requirements. 

The Copyright Act also gives the 

Register broad authority to issue 

regulations concerning the nature of the 

copies that must be deposited in 

support of registration. Section 408 

provides that the Register may issue 

regulations establishing ‘‘the nature of 

the copies . . . to be deposited’’ in 

specific classes of works and to ‘‘permit, 

for particular classes, the deposit of 

identifying material instead of copies or 

phonorecords.’’ 5 The legislative history 

indicates that Congress believed that a 

deposit of identifying material should 

be permitted in cases where the copies 

or phonorecords would be too ‘‘bulky, 

unwieldy, easily broken, or otherwise 

impractical [to serve] as records 

identifying the work registered.’’ 6 The 

Office has used this authority to require 

only identifying material in certain 

circumstances. For example, for 

computer programs, automated 

databases, or other literary works fixed 

or published solely in machine-readable 

copies, the Office permits the deposit of 

‘‘identifying portions’’ of the specific 

version of the work the applicant 

intends to register.7

After receiving input from 

stakeholders and carefully considering 

the issue, the Office has concluded that 

there is a need for a new group 

registration accommodation for 

frequently updated news websites.8 The 

Office welcomes public comment on its 

proposal and subjects of inquiry set 

forth here. 

A. The Need for a New Group 

Registration Option 

This proposed rulemaking stems from 

the rapid development and 

predominance of news websites over 

print newspapers, and requests 

submitted by online publishers to the 

Office. Over the past two decades, the 

internet has become an increasingly 

common method for distributing, 

displaying, and performing 

copyrightable content. More than eight 

in ten Americans get news from digital 

devices, and, as of 2021, more than half 

prefer digital platforms to access news.9

Thus, a significant amount of news 

content must be offered in an online 

environment to meet demand. The 

current state of the news media industry 

requires dynamism, ‘‘with content 

constantly changing, updating, and 

refreshing in real time.’’ 10 Because of 


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